Sanjeev Saxena And Ors vs UT Of J&K And Anr

Rajnesh Oswal, J

The instant petition under Section 482 Cr.P.C. has been filed by the petitioners for quashing the final report/charge sheet No. 02/2018 dated 20.01.2018 for offence under section 498-A/109 RPC, arising out of FIR No. 03/2017 registered with Police Station, Women Cell, Jammu, pending disposal in the court of learned Excise Magistrate, Jammu on the ground that the contesting parties have arrived at a compromise amicably.

It appears that due to marital discord, respondent No. 2-wife has filed the FIR No. 03/2017 for commission of offence under Sections 498-A, 406 504, 323, 506 and 109 RPC with the Police Station, Women Cell, Jammu against petitioner No. 1-husband and his family members, which has culminated into the impugned final report/charge sheet. The petitioners have placed on record copy of the petition under section 13(B) of Hindu Marriage Act for a decree of divorce by mutual consent and copy of the compromise arrived at between the petitioner No. 1 and respondent No. 2. As per the compromise deed, both the parties have agreed to settle their dispute amicably and petitioner No. 1 and respondent No. 2 have decided to live separately.

This Court vide order dated 12.04.2023 directed the parties to record their statements before the Registrar Judicial. Accordingly, their statements were recorded before the Registrar Judicial, wherein they have stated that they have resolved all the disputes and issues with each other amicably. The respondent No. 2 has stated that she has no objection in case final report/charge sheet No. 02/2018 dated 20.01.2018 for commission of offence under sections 498-A/109 RPC pending before the Court of learned Excise Magistrate, Jammu is quashed.

So far as the facts alleged in the petition, particularly those pertaining to the compromise arrived at between them and statements recorded before the Registrar Judicial, are concerned, the same are not disputed. In the backdrop of aforesaid facts, the question arises as to whether this Court can quash the proceedings, particularly when the offences alleged to have been committed by petitioners are non-compoundable in nature.

It needs to be noted here that offence under section 498-A RPC is non-compoundable.

Law is well settled that if the parties have settled their disputes amicably, then the criminal proceedings whether arising out of private complaint or out of FIR for commission of offences under sections 498-A can be quashed, notwithstanding the fact that the section 498-A RPC is non-compoundable. Reliance is placed upon a judgment of the Apex Court in case, titled, Jatinder Raghuvanshi and ors. V. Babita Raghuvanshi and anr. 2013 (4) SCC 58, in which it has been held that even if, the offences are non compoundable, if they are relate to matrimonial disputes and the Court is satisfied that the parties have settled the dispute amicably and without any pressure, then section 320 of the Code would not be a bar to the exercising of power of quashing of FIR, complaint or the subsequent criminal proceedings. (See also the State of Madhya Pardesh V. Laxmi Narayan (2019)5 SCC 688).

In view of the amicable settlement arrived at between the petitioners and respondent No 2. final report/charge sheet No. 02/2018 dated 20.01.2018 for offence under section 498-A/109 RPC pending before the court of learned Excise Magistrate, Jammu and the proceedings emanating therefrom, if any, are quashed.

Disposed of.